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LISA GILL, RITU TAGORE
Pramod Bagri @ Parmod Kumar – Appellant
Versus
Election Commission of India – Respondent
JUDGMENT
Lisa Gill, J. - Prayer in this writ petition is for setting aside order dated 18.05.2022 (Annexure P5) passed by the Principal Secretary, Election Commission of India whereby petitioner has been declared to be disqualified for being chosen as and for being a member of either House of the Parliament or Legislative Assembly or Legislative Council of the State or Union Territory for a period of three years from the date of order in terms of Section 10A of The Representation of the People Act, 1951 (hereinafter referred to as an 'Act').
2. It is submitted that petitioner, who is a resident of District Hisar contested the General Election for Legislative Assembly, Hisar - 52 held in the year 2019. Elections were held and result declared on 24.10.2019.
3. Admittedly, petitioner did not submit details of the expenditure incurred by him in terms of Section 77 of the Act. It is submitted that the concerned register related to the expenditure incurred by the petitioner alongwith original bills of expenditure, pass book relating to the account held by the petitioner of the Union Bank, Aadhar card, voter card, photographs and photocopies alongwith other documents were somehow lost on 14.
Mandatory submission of election expenses within the prescribed time and the expectation of vigilance and due care from candidates in securing the record of expenditure.
The disqualification for non-submission of election expenses must be reconsidered if proper justification exists.
Election - Tendering election expenses - Exemption of - It would not be that expenses for election would be only when there would be a contest in elections. It cannot be said in all cases that there ....
Point of Law : Section 16C of the Karnataka Municipalities Act, 1964 provides for disqualification of elected members on the ground that they have failed to lodge a true and correct account of electo....
Mandatory duty to submit election expenses within prescribed time under Section 16-B and consequences of failure under Section 16-C of the Karnataka Municipalities Act, 1964.
The court established that candidates must be given notice and an opportunity to be heard before disqualification for failing to lodge election expense accounts, as mandated by the Kerala Panchayat R....
Disqualification of elected officials requires strict adherence to principles of natural justice, especially when the individual is illiterate; ignorance of the law should be considered.
Non-compliance with election expenditure accounting does not constitute corrupt practice unless it materially affects election results.
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